Judge: Maurice A. Leiter, Case: 20STCP03193, Date: 2023-01-20 Tentative Ruling

Case Number: 20STCP03193    Hearing Date: January 20, 2023    Dept: 54

Hearing Date: January 20, 2023

Department 54, Judge Maurice A. Leiter

Motion to Stay and Continue or Vacate Trial

Moving Party: Cross-Complainants 9300 Wilshire, LLC, et al.

Responding Party: None

T/R:     CROSS-DEFENDANT’S MOTION IS GRANTED.

THE ACTION IS STAYED. THE TRIAL AND RELATED DATES ARE VACATED.

CROSS-DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

The Court considers the moving papers and reply. No opposition has been received.

            Cross-Complainants move for an order staying the action and continuing or vacating the trial pending Cross-Defendant’s appeal of the Court’s denial of its anti-SLAPP. CCP § 916(a) provides, “Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” This section applies to anti-SLAPP appeals. (See e.g.City of Santa Monica v. Stewart (2005) 126 Cal.App.4th 43, 79.) Cross-Defendant has not opposed this motion.

            Cross-Complainants’ motion is GRANTED.